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Winkler Kurtz LLP

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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
  • Contact Us

Surgical Errors

As patients, we are never more vulnerable than when we are undergoing surgery. On the operating table, we are unconscious, dependent on both machines and the skill of the doctors taking care of us to keep us alive.

Unfortunately, surgical errors are more prevalent than most Americans might think. In a study performed by the National Institutes of Health (NIH), 1,108 elective neurosurgeries were analyzed. Of those surgeries, 2,684 errors were found in 87.1% of the cases. 22.6% were major errors, and 78.5% were considered preventable.

Surgical errors can lead to a number of injuries, such as brain damage, loss of the use of a limb, or infection. They may even lead to death. Victims of surgical errors have the right to pursue compensation for their injuries, including for medical expenses, pain and suffering, and loss of earning capacity.

The Long Island surgical error lawyers of Winkler Kurtz, LLP have decades of specialized experience handling medical malpractice cases. We will help you get the money that you deserve for your damages. Call us today at 631-928-8000 or contact us online to schedule an appointment, or to learn more about how we can help you.

Causes of Surgical Errors

During a surgery, any number of errors may occur that can lead to serious injuries or death. The NIH performed a study that analyzed surgical errors in medical malpractice cases. Of the cases studied, 65% involved a significant injury, while 23% involved death.

According to NIH research, most surgical errors do not happen during surgery, but before surgery (25%) and in post-operative care (35%). 62% of cases involved more than one medical professional making a mistake.

The two most frequent causes of surgical errors are (1) inexperience or lack of technical competence, and (2) communication breakdowns. However, numerous other factors may contribute to surgical errors, including:

  • Distraction
  • Fatigue
  • Poor decisions

This study shows that while a lack of skill or experience might be a factor in a surgical mistake, it is often negligence or carelessness that leads to these errors. When doctors feel rushed, are overly tired, or are otherwise inattentive, the patients may suffer.

Common Surgical Errors

Preventable surgical errors are referred to as “never events” because they should never happen. Despite this, preventable surgical errors are common in the United States.

A Johns Hopkins hospital study examined a set of closed malpractice cases from 1990 to 2010. In that time, approximately 10,000 “never events” happened. Based on this data, the researchers estimated that 4,082 preventable surgical errors happen in the United States each year. This works out to roughly 11 surgical errors every single day in the U.S.

Preventable surgical errors may include:

  • Closing wounds with an instrument, sponge, towel, or other foreign object in the body;
  • Contamination or infection;
  • Injuring organs during surgery;
  • Nerve damage;
  • Damage to muscles, ligaments or tissue;
  • Medication errors;
  • Anesthesia overdose; or
  • Wrong site, wrong procedure, wrong patient.

Even during a routine surgical procedure, there is a lot that can go wrong. That is why responsible surgical teams and hospitals take extensive precautions to prevent these kinds of surgical errors. If they fail to do so, a patient may be permanently injured, or even die.

Speak with a Long Island Surgical Errors Lawyer Today

If you have suffered an injury as a result of a surgical injury, you may be entitled to compensation. Like other types of New York medical malpractice cases, surgical error claims can be complex, and require the expertise of a seasoned Long Island surgical errors lawyer.

For more than 30 years, the attorneys of Winkler Kurtz, LLP have worked to help victims of negligence achieve justice. We will aggressively advocate for your right to a settlement or award if you have been a victim of a surgical error. Call us today at 631-928-8000 or contact us online to schedule a consultation with one of our skilled personal injury lawyers.

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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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Winkler Kurtz, LLP
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11776

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